Umthetho wokuziphatha kubameli.Lawyers ethics
UnyazilweZulu Shembe akumele aphume Ebuhleni.
U NYAZILWEZULU SHEMBE KANYE NOMTHETHO Kungabe kungubulungiswa ukukhipha unyazi ebuhleni na? Athini amalungelo enkolo, ukukholwa kanye nombono Na? ngingu Advocate ndawo (0817728831) sanibona. Umthetho wenkululeko wezenkolo usingathwe Ngu mthethosisekelo waseningizimu Africa, umthetho 108 wa 1996, umthethosisekelo.[i] ILUNGELO LENKOLO.UKUKHOLELWA KANYE NOMBONO Isahluko seshumi nanhlanu (15) somthethosisekelo sithi (1) wonke umuntu unelungelo lenkululeko yokukholwa,lombono.u Shembe Unyazi lunelungelo lokuhamba emagcekeni akwabo, u Nyazi lunelungelo lokusabatha, u nyazi lunelungelo lokungena e Thempelini liphathe inkozo, u Nyazi Lunelungelo lokukhipha imigidi,ukubusisa imigidi,u Nyazi lunelungelo lokwenza noma yini emagcekeni emizi yasebuhleni[ii]kanye nazo zonke izindawo oluhamba kuzo. ILUNGELO LEGAMA KANYE NESIBONGO Unyazi LweZulu lunelungelo lokuba ngowakwa Shembe ngokusho komthethosisekelo isahluko samashumi amabili nesishiya galo mbili (28) esithi wonke umuntu noma ingane inelungelo lokuba negama,lokuba no buzwe. INGQIKITHI YAMALUNGELO Isahluko sokuqala (1) somthethosisekelo sithi izwe lase Ningizimu Afrika liyizwe elinguzimele gelekeqe, izwe elitusa ukulingana,futhi yizwe lentando yeningi.ukucwasa u Nyazi ko Shembana, loko kobe kunguku phula isahluko sokuqala somthetho sisekelo.Ukutusa o Shembana kuhlinzelwe u Nyazi ezibini akuwona umthetho loyo. Lelizwe laseneNigizimu Africa yizwe elingaphansi kwalamagugu: (c)lelizwe litusa ubukhulu bomthethosisekelo kanye nokulingana kwezomthetho.noma sesingayivala u Nyazi luvikelwe ngumthethosisekelo, kepha mina Advocate Ndawo ngizoqhubeka ngigeqe amaguala…la sizochitheka ngomthetho kakhulu futhi, lindela ukuphuza. UBUKHULU BOMTHETHOSISEKELO Isahluko sesibili (2) somthetho sisekelo sikhuluma ngobukhulu bomthethosisekelo sithi lomthethosisekelo ungumthetho omkhulu ngakho umthetho ongahambisani nawo awukho emthethweni.loku kusho ukuthi uma uqhamuka nomthetho othi akukhiswe u Nyazi. Ufike ugaxele la kulesahluko bese uyalenga.manje sesiyaqala siyadilika ngomthetho… UBUZWE Isahluko sesithathu sikhuluma ngokuthi isakhamuzi sase mzansi Afrika sinelungelo lokuba isakhamuzi. Zonke izakhamuzi zivikelwe ngokulinganayo, zinamalungelo alinganayo[iii]. uNyazi Luyisakhamuzi ngakho luvikelwe yilesisahluko. Okuhlalukayo ukuthi abamangali ngathi bakhohliwe ukuthi U Nyazi nalo lunamalungelo ngokomthethosisekelo. UMGOGODLA WAMALUNGELO Isahluko sesikhombisa (7) sithi lomqulu wamalungelo uyinqaba yentando yeningi e Mzansi Afrika,ugqugquzela amalungelo abo bonke abantu kulelizwe futhi lomqulu ugcizelela amagugu entando yeningi, isithunzi somuntu,ukulingana kanye nenkululeko[iv].kwasha…ake sithi intando yeningi ikhomba uNyazi.u nyazi lulandelwa yizigidi.abamangali bona banemithonseyana yabalandeli ongavese ubabale ngamehlo ngokujikisa ikhanda kanye. Isahluko sesikhombisa (7) sithi u Nyazi kumele lunikwe isithunzi, futhi uNyazi lungowakwa Shembe. Ukuthi lungu Nyazi akusho loko ukuthi alulona olwakaShembe. Isigatshana sesibili sithi umbuso kumele uhloniphe ,uvikele futhi ufeze amalungelo akusomqulu wamalungelo. Isigaba sesishiyagalo lunye (9) somthethosisekelo sithi (1 )wonke umuntu uyalingana phambi komthethofuthi uvikelwe ngokufanayo futhi kumele azuze ngokufanayo.ngakho u Nyazi luyalingana No Shembana abakhona.o Shembana abanalo ilungelo ngaphezu ko Nyazi. (2)ukulingana kusho ukuthokozela amalungelo kanye nenkululeko ngokufanayo.ngakho u Nyazi lunamalungelo afanayo no Shembana abanemithonseyana yabalandeli futhi lunenkululeko elinganayo no Shembana.kwisifundo esilandelayo ngiyokhuluma ngokuthi u nyazi yilo olukhulu kuno Shembana. (3)umbuso akumele ucwase umuntu mayelana naloku okulandelayo: i.ngokwenkolo,ukuzibandakanya ngokwe zo mphakathi,umbono, inkolo,usiko njalo njalo… Ukucwassa ngaphansi kwalesisahluko akuvumelekile futhi akunabulungiswa. Ngakho ukucwasa u Nyazi akunabulungiswa futhi akukho emthethweni[v]. ISITHUNZI SOMUNTU. Wonke umuntu kumele anikwe isithunzi nenhlonipho futhi isithunzi sakhe kumele sivikelwe futhi sihlonishwe[vi].u Nyazi ngumholi onohlonze odinga ukuhloniswa. INKULULEKO KANYE NOKUKHUSELEKA KOMUNTU Isahluko se shumi nanye (12) somthethosisekelo sithi wonke umuntu unelungelo lenkululeko kanye nokukhuseleka komuntu okubalwa ilungelo lokuba: ILUNGELO LEMIHLANGANO Isahluko 17 sikhuluma ngelungelo lokuba nemihlangano kungaba ngu January E Khenana noma u July E Buhleni, noma u September noma yimiphi imihlangano unyaka wonke.lesi sahluko sithi wonke umuntu unelungelo lokuhlangana.loko kungabalwa nemigubho ,imigidi,isidlo,isabatha,izifungo, uhambo oluya ekhenana kanye nokwenza yonke imigubho kanye nezimiso zobunazaretha.loko kwenziwa ngumholi Unyazi lwezulu noma kuphi noma nini.[viii] ILUNGELO LEMPAHLA,INDAWO,IMIZI ,IZIMOTO,IMALI Isahluko 25 somthethosisekelo sithi akekho umuntu okumele ahlwithwe umhlaba wakhe noma impahla yakhe ngesankahlu[ix].mayelana nelungelo lempahla thola umubhalo wempahla nemizi owabhalwa ngu advocate Ndawo (0817728831) ILUNGELO LOKUBA NEKHAYA Isahluko samashumi amabili nesthupha (26) somthethosisekelo sithi : (3)akekho umuntu okumele akhishwe ekhaya noma kubo.akekho onelungelo lokucekela phansi umuzi womunye umuntu.awukho umthetho oyovuma ukukhiswa komuntu kubo ngobuqhwaga. ILUNGELO LESIKO.LENKOLO ,NABANTU ABAGCINA AMASIKO. Isahluko samashumi amathathu nanye (31) sithi: (1)abantu banelungelo lokugcina amasiko abo,inkolo.abantu abagcina amasiko akumele banciswe amalungelo abo.u Nyazi lugcina inkolo yalo ngakhoke akumele luncishwe amalungelo alo okugcina amasiko. (a) abantu kumele bagubhe usiko lwabo, kumele abantu benze inkolo yabo abakholelwa kuyo futhi basebenzise ulimu lwabo ngokukhululeka.amanazaretha aseBuhleni bakholwlwa enkosini u Nyazi lweZulu ngakho ke akumele baphazanyiswe kuloko. (b)abantu banelungelo lokusungula,bagcine usiko lwabo,inkolo yabo kumele bakhethe ukuzibandakanya kanye neminye imiphakathi.lesi sahluko sifakazela ukubekwa ko Nyazi e Gospel njengoba sithi lesisahluko abantu banelungelo lokukhetha umhholi walo.u Nyazi lwabekwa e Gospel ngokulandela lesisahluko. Advocate Ndawo ummeli omkhulu wasemajajini. 0817728831 info@advocatendawo.co.za Lesifundo somthethosisekelo sisazoqhutshwa… [i] The constitution of the republic of south Africa act 108 of 1996. [ii] Advocate Thu Ndawo [iii] Section 3 [iv] Section 7 [v] Section 9 [vi] Section 10 [vii] Advocate Ndawo [viii] Advocate Ndawo [ix] Section 25
Unayo imali yabameli Na?ungazitholela abakho ngokuba ukhokhe u R190 vo ngenyanga.
Possession of Property suspected to be stolen, Section 36
any person who is found in possession of any Goods, in regard to which there is reasonable suspicion that they have been stolen and is unable to give satisfactory account of such possession, shall be guilty of an offence and liable on conviction to the penalties which may be imposed on a conviction of theft.” the elements of crime are : (a) the goods ; (b) must be found in possession; (c) there must be a reasonable suspicion that the goods have been stolen, and (d) the suspect must be unable to give a satisfactory explanation of the possession. 1.The goods. A property must be a property capable of being stolen. 2.Suspect must be found in possession. suspect must have personal and direct control over over the goods.it is not sufficient that he exercises control through an agent.it will be an agent who is found in possession. the suspect must be furthermore be in possession at the moment that the goods are found by the police. he can not be held liable as a result that he possessed them previously, or that he merely falsely allege that he possessed them. it is not necessary to prove that the suspect the goods with an intention to possess them as an owner.it is sufficient to that suspect possessed the goods on behalf of somebody else (possessio naturalis, not possessio civilis) a person cannot possess something if he is unaware that he possess it. 3. Reasonable Suspicion. there must be a reasonable suspicion that the goods have been stolen, this must happen the same time as goods are found in suspect’s possession.if the suspicion existed before the goods were found, it must still exist at the moment that the goods are found. the suspicion must be a reasonable one. the ground for suspicion must must also exist at the moment that the goods are found.factors which may be important are: the nature and quantity of the goods, the place where they were found, whether they were still new. suspect’s status and financial standing and the suspects reaction when the goods were were found in his possession. 4.Inability to give satisfactory account. the suspect must give an account of his possession at any time up to and including trial.the crime is completed only at the moment the trial court finds that he was unable to give a satisfactory account of his possession. ref: snyman
Supreme court of Appeal / Appeals and Reviews
Appeals focus on the merits of the judgment itself. When you appeal against judgment, you are not telling the Judge or Magistrate that he was dishonest or biased or grossly negligent when he formulated his judgement. However although he might have reached his judgement in good faith, you still disagree with the judgment, either on the law, or on the facts on both the law and the facts. The procedure available to you is to appeal against the judgement of the court a quo(High court or Magistrate court).you apply that this judgment be set aside, or at least that portion of the judgement with which you are dissatisfied. In an appeal a party’s dissatisfaction with the judgment of the court a quo may arise either because that party is unhappy with a finding of fact made by the court, e.g. the party is of the view that the court incorrectly believed or disbelieved a witness whose evidence was material to the case, or because the party is unhappy with a ruling of law made by the court. It often happens that a party feels that the court got both the law and the facts wrong, and an appeal will then be lodged on both grounds. Harms provide that: (i) where the trial court has made no finding on the credibility of witnesses, the court of appeal has to do its best on such material as it has before it to decide the credibility issue. (ii)If a court aqou committed an irregularity, the proceedings will be set aside unless the respondent can convince the court that that the appellant did not suffer any prejudice as a result of that irregularity. Supreme Court act 59 of 1959, Steven Pete, David Hulme, Max du Plessis, Robin Palmer, and Omphemetse Sibanda.
Delangokubona Drugs article
It is unfortunate that the beloveth country, South Africa is flooded with drugs smuggering; trafficking and various other criminal activities which include inter alia, robbery with aggravating circumstances, murder and other dangerous offences. People are not safe in their own homes. They fear for their lives and their loved ones. The liberation and struggle for democratic change has been hampered by a series of criminal conduct. Drugs trafficking is a landmark for a weaken society. Such devastating conduct is a cancer to society. Delangokubona business forum has brought hope back to people by facing drugs dealers and pimps face to face, they have paved a way for hope of the restoration of the origins conscience of Africa, “Ubuntu.” It is to the people of South Africa to protect the people who protect them, and stand with forums in uprooting and alleviating all forms of criminal conduct. The members of Saps work day and night in cleaning criminal activities and it is a fallacy should saps endeavors be filled with ironical corruption. The society must reciprocally help the helpers in reporting crime to the proper authorities. We still see future in South Africa. We may be down, but we are not out, we may lose the battle but not the war.
Female Genital Mutilation and the Women’s Right. Volume 1
Female Genital Mutilation and the Women’s Right. Volume 1
Access to information. Right and the arbitrary deprivation of the right to know.
Durban info@advocatendawo.co.za 031 547 3330 Home About Us Founder Opinion pieces Contact Us Opinion Piece Access to information. Right and the arbitrary deprivation of the right to know. Claims of the right to freedom of information are usually based on the idea that people are entitled to have access to information in the possession of the state that has an impact on them. This includes information that is specifically about the requester and, more generally, the information the state uses to make decisions affecting the requester and, more generally, the information the state uses to make decisions affecting the requester. Freedom of information is closely related to freedom of expression and the right to privacy. The second level on which freedom of information operates is political. In an authoritarian society. Power is exercised arbitrary, without reason or explanation.in an open and democratic society, by contrast, government should be accountable for its action and decisions, which should be informed by rational considerations that that are explicable to those to those affected by them: democracy is governed by explanation. Accountable government is impossible if the government has a monopoly over the information that informs its actions and decisions, When government refuses to speak its mind candidly or intelligibly or at all, freedom of information is the interest that citizens have in being able to find out what their government is up to.it is the claim that they should that they should have access to its records, to its meetings.to the occasions where policy is formulated and where decisions are taken about the use of public power. Public access to information is fundamental to encouraging transparency and accountability in the way government and public authorities operate.it is also an important weapon in the fight against corruption.at both levels, freedom of information combats governmental arbitrations and contributes to the ideal of an open and democratic society, in which power is exercised rationally and with due deliberation. IAIN CURRIE.EMERGING DEMOCRACIES AND FREEDOM OF INFORMATION: CONFERENCE PROCEEDINGS (1994) Opening Hours: 08h00 – 16h00 Cell: 081 7728831 Tel/ fax 031 3010341 Email: info@advocatendawo.co.za Facebook Twitter Google-plus Whatsapp Skype
South Africa belongs to everyone who live in it. But not belong to people who attack police.
Durban info@advocatendawo.co.za 031 547 3330 Home About Us Founder Opinion pieces Contact Us Opinion Piece South Africa belongs to everyone who live in it. But not belong to people who attack police. Public violence consists in the unlawful and intentional commission, together with a number of people, of an act or acts which assume serious dimensions and which are intended forcibly to disturb public peace and tranquillity or to invade the rights of others. The interest protected under the crime of public violence are public peace and tranquillity. Or public peace and security. If the concerted action by a number of people also impair or challenges the authority of the state, sedition is committed, and if the acts are accompanied by a hostile intent, the treason is committed. Section 17 0f the constitution provides that everyone “has the right, peaceful and unarmed, to assemble, to demonstrate, to picket and to present petitions”. If the demonstrations does not take place peacefully, the participants in the demonstration may render themselves guilty of public violence. The following are instances of conduct constituting public violence: faction fighting, violent resistance to the police by a mob; rioting; forcible coercion by strikers of other workers, and the breaking up and taking over of a meeting. The safety of persons is relevant here, and their safety will be threatened only if the disturbance of the peace is of a serious nature. The participants in the conduct disturbing the peace must act in concert, that is, with a common purpose. If you enter in a country, you respect the government, the boundaries, the population, and the sovereignty- that is a state. Mlotshwa 1989 4 SA 787. Salie 1938 TPD 136 Wilkens 1941 tpd 276Criminal law by snyman Opening Hours: 08h00 – 16h00 Cell: 081 7728831 Tel/ fax 031 3010341 Email: info@advocatendawo.co.za Facebook Twitter Google-plus Whatsapp Skype